What to do if my former employer garnished my wages owed to ton my back child support but failed to pay it over?

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What to do if my former employer garnished my wages owed to ton my back child support but failed to pay it over?

My obligation was taken from my wages by my former employer ($3,500), however, this income was never paid to over. I received a letter notifying me that my driver’s license would be taken unless the back child support was paid which was a total suprise to me. The employer had been keeping the money owed over several months but I was in fear of losing my job. I have tried contacting my former employer and they indicated they would be researching but didn’t deny the money is owed. I have been waiting over a year now and still have not resolved the issue. Interest is now being added.

Asked on April 22, 2012 under Employment Labor Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Retain a lawyer and sue your employer. You need to get this resolved, you need to make sure you don't lose you license, and you need to make sure that you are paid *everything* to which you are entitled--including being reimbursed for any interest or penalties assessed against you. After a year, it's clear that for some reason, your employer is not resolving this--maybe someone there has stolen the money; maybe they are in financial difficulty and are reluctant to pay; maybe they simply feel that given that you have not taken action, they can get away without paying. For whatever reason, it appears that you need to take legal action. The employer has no right to take your money and hold onto it--there are no grounds for them to garnish your wages but not pass it on as ordered.


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